Appellate Division: Second Judicial Department

M186167

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

BETSY BARROS, JJ.

2014-01050 Nancy Blake, respondent, v United States of America, appellant. (Index No. 3268/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 23, 2013, for the Court to take judicial notice of the complaint and annexed exhibits in an action pending in the United States District Court for the Eastern District of New York, entitled United States of America v Blake. Cross motion by the respondent to strike stated portions of the appellant's brief on the ground that they improperly raise issues for the first time on appeal, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to strike stated portions of the appellant's brief on the ground that they improperly raise issues for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until February 23, 2015, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court